INFORMATION TO BE PROVIDED TO THE HON. MICK DE BRENNI MP, MINISTER FOR HOUSING & PUBLIC WORKS AT MEETING - THURSDAY, 11 FEBRUARY 9AM

Reinstatement of Jonathan MacDonald's Builder's License

Please find the following chronology of events as requested at our meeting of 7th October 2015 and a copy of the Decision by QCAT made on the 14th of April 2014. The original dispute was between Jonathan MacDonald (the Builder) and Gail Poppenk and Wesly Perkins (the Homeowners). The subject now is a result of the original dispute that was settled in Court in 2009 and now is between the Builder and the Queensland Building Services Authority (QBSA).

Original dispute between Jonathan MacDonald (the Builder) and Gail Poppenk and Wesly Perkins {the Homeowners -

Late 2007 I, Jonathan Macdonald, was contracted as the Licensed Builder (No 22699) to construct a dwelling house for the Homeowners Gail Poppenk and Wesly Perkins at 24 George Street Helidon.

June 2008 a dispute arose at the enclosed stage of the contract and centred around additional works requested by the Homeowners and now reluctant to make payment. These additional works represented additions to the allowance provisions of the contract and were a clear departure from the contract agreement. The Homeowners expressed an unwillingness to sign a variation document for these additional works pursuant to the terms of the contract.

The Homeowners contacted the QBSA for assistance and it is my clear understanding that Mr Rod Turkington from the QBSA advised the Homeowners to terminate the contract.

The Homeowners engaged the legal service provider Wonderley and Hall to act and through this legal service provider they attempted to terminate the contract.

September 2008 Jonathan MacDonald, the Builder followed the dispute resolution procedure pursuant to the terms of the contract and listed the matter for determination in thethen Commercial and Consumer Tribunal {CCT).

November 24 2009 the matter was heard at Trial and Consent Orders were made by the Member Ms Janet Reid . · Janet Reid sought clarification on the day from a senior legal representative at the QBSA on the implications of a payment to settle on offer to the Homeowners by the Builder and Ms Kellie Lowe from BSA lega l relayed the position of the QBSA that any payment would constitute a voiding of the Homeowner Warranty Insurance. The Consent Orders were made on this basis and the matter was settled and by way of these orders each party then subjugated their right to further claims (both parties agreed).

December 2009 the Homeowners, through Wonderley and Hall, attempted to appeal the Consent Orders and this attempt was rejected by the Tribunal.

Early 2010 the Homeowners made representation to the then Minister for Housing and Public Works Mr Rob Schwarton to intervene on their behalf to enable them to access to the QBSA Homeowner Warranty Scheme.

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Mr Ian Jennings, the former General Manager of the QBSA, instructed the Toowoomba office to proceed with the claim and go after the Builder and at no time did Mr Jennings make contact with the Builder. Mr Jennings made claims at a Parliamentary Committee hearing that he always contacts builders so that problems do not escalate (Mr Jennings clearly misled the Parliamentary Committee).

Early 2010 the Builder was contacted by Mr Carl Martin from the QBSA requesting a meeting on site to address the complaint now made by the Homeowner under the Homeowners Warranty Insurance.

Early 2010 the Builder wrote to Mr Martin via Alroe and O'Sullivan Solicitors and explained the legal position which was that the Homeowners were not able to access the Homeowners Warranty Insurance following the Consent Orders. The response from Mr Martin was not consistent with the QBSA act of 2000. Scheme (it is clear that the builder understood the legislation better than QBSA).

December 24 2008 Mr Rod Turkington QBSA Area Manager issued an invalid Notice of Termination of Contract. As the matter was before the tribunal and a decision had not been made, Jon Macdonald, the Builder, visited Mr Turkington in early 2009 at his Toowoomba office to advise him of his error. Mr Turkington's response was quote "arr shit" end quote and Mr Turkington showed apparent disregard for the Tribunal process saying he didn't care what the CCT said. (Arrogance}

May 2010 several other notices were issued to the Builder from the QBSA, including a Notice to Rectify, a Notice of Failure to Rectify, a Notice to Comply with a Notice, a Notice of Rectification, a Notice to Recover a Debt, a Final Demand of Debt, a Notice of Audit a Notice of Cancelation of Builder's License, all of which were invalid as at this time as a valid termination of contract did not exist. This highlights the QBSAs contempt for the law, legislation and process

The QBSA paid a claim to the Homeowner that the QBSA knew the Homeowner was not entitled to. The QBSA had paid the amount of $197,633.08 to the Homeowner which contradicted the legislation and were now trying to rectify their error by pursuing the Builder for this amount. The QBSA had not one legal right to do this

The Builder made an Application to QCAT to review a Decision to determine the legality of the actions of the QBSA after Mr MacDonald made several written representations to the QBSA to clarify the matter (these letters were written by Mr MacDonald's legal representative, A/roe and O'Sullivan Toowoomba).

December 2011 the Builder was contacted by phone by Ms Jody Stroud from QBSA legal and at this time Ms Stroud stated to the Builder that "QBSA did not have a case as a valid termination of contract has never been issued". During the phone call Ms Stroud stated that her instructions were to pursue the Builder and that a budget of $200,000 was allocated and an anticipated duration of two years to trial. At this time Ms Stroud made a request that we try to resolve the matter with mediation to the QCAT Member Rick Oliver prior to a scheduled conciliation conference the next day and the Builder agreed with this proposal. Unfortunately, Ms Stroud was removed from representing the QBSA and the QBSA commenced legal action.

December 15 2011 the Builder received a Notice of termination of Contract from Mr Turkington which was the following day after the conversation with Ms Stroud. QBSA made no attempt to resolve this matter amicably, even after agreeing to mediation.

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February 2012 the Builder was advised by letter from HWL Ebsworth Lawyers that they now act for the QBSA. Please note that this advice from Ebsworth was given without seeking leave from QCAT in direct conflict to the QCAT Rules. Again, QBSA ignored regulations and legislation.

May 6 2012 the Builder wrote to the President of QCAT Justice Wilson and made a complaint with regard to a State Agent being allowed external legal representation not in line with the QCAT Rules set down by Justice Wilson. The Builder received a reply from Justice Wilson stating that a new amendment dated May 6 2012 has now been made in QCAT effective immediately to allow the QBSA to have a law company assist the Tribunal to find the "correct and preferable decision".

April 14 2014 the mater was Determined at trial and the Decision was handed down, please see attached copy. {I have read the decision, QBSA and the Homeowner are criticised continually)

During the trial process the QBSA did not show conduct consistent with that of a Model Litigant and that the Homeowners did all things to create obstruction from failing to produce subpoenaed documents and attempted to avoid attending Court. The Member, Michelle Howard, was forced to issue a warrant for the arrest of Mr Perkins which resulted in his appearance. Immediately after the Decision was made the new QBCC under instruction from Mr Shane Budham of QBSA made an Application seeking leave to Appeal the Decision but this was withdrawn following intervention from Mr Steve Griffin the former Commissioner. (Again, the QBSA was being vindictive and trying to go against the rule of law)

Commissioner Steve Griffin withdrew the claim by the QBSA to recover the $197,633.08 from Mr MacDonald. QBSA had wrongfully paid the Homeowner $197,633.08.

A meeting was held at QBSA offices West End, where the Builder, Jon MacDonald highlighted his concern to the Commissioner Steve Griffin about the poor process and being victimised by the QBSA. Also present was Mr Shane Budham who questioned the process of QCAT and highlighted that QBSA would appeal this matter as they had done nothing wrong. Commissioner Griffin was relatively silent on the matter. (Again, the QBSA and staff want to ignore process)

The Builder, who for a number of years, has been denied the right to be a contractor and hold a Builder's Licence which he had held since 1989 is extremely disappointed in the QBSA and its processes. The QBSA, through its vindictive actions have damaged Mr MacDonald's reputation, cost him financially through denying him a licence and continue to do so.

Mr MacDonald, the Builder is formally making a request to the Parliament in terms of fairness to have his Medium Rise Contractors licence reinstated with the original number of 22699 which has been held by the Builder since 1989. Mr MacDonald was a contractor regularly used by the Builder's Rectification Panel of the QBSA to carry out rectification of disputed contracts that were to be rectified by the QBSA. (Your own department held Mr MacDonald In the highest regard)

The Builder further request s that he not be victimised by the new Queensland Building and Construction Commission.

Thank you and faithfully yours

Jonathan MacDonald

* Toowoomba Chronicle article attached

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Family's five-year battle for dream home still not won I Chronicle

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Family's five-year battle for dream home still not won I MENU

" Tara Miko I 12th Dec 2015 6:00AM mb

The Barton famly Crrom left) Priscllta, jalden and Robert Barton outside their unbuilt nangcvUlc home.

Tara Miko

irs the Aussie dream that has turned into a nightmare for a young Toowoomba family.

Robert and Priscilla Barton bought a partly-finished Rangeville house on Kite St almost five years ago, knowing full well they had some work ahead of them before they could call It home.

But what they didn't expect was to still be virtually homeless after years of legal wrangling and let-downs by the system designed to protect home buyers and builders.

Their property is a blight on an otherwise idyllic Rangeville street ahd the Bartons had planned to make it their family home.

But they have been left with an unliveable shell of a structure after they claim the Queensland Building and Construction Commission failed to come good on an insurance claim.

"We're living a nightmare that the QBCC could have fixed years ago - that it could still fix now," Mrs Barton said.

Mr and Mrs Barton had hired a Toowoomba builder to finish their half-built home they bought in 2010.

However, that contract broke down in 2012 at which time they lodged a Queensland Home Warranty Insurance Scheme claim under the QBCC.

Mr Barton said the QBCC told them they were eligible for the insurance in a letter dated September 2012 but after the builder appealed the decision in the Queensland Civil and Administrative Tribunal, the claim was put on hold.

Mr Barton sa id the QBCC told them it couldn't proceed with the claim due to the QCAT proceeding.

"We were just watching from the sidelines," Mr Barton said.

"We were told that we had no choice but to wait, and we thought the QBCC would eventually do the right thing."

Two years later, QCAT found the contract b.etween the Bartons and the builder had been laWfullytermlnated meaning the Toowoomba family was not eligible for the lnsuran'ce money to finish their home.

To further complicate the situation, QBCC director of insurance services Shane Wilson wrote that the QCAT proceedings did not prevent the Insurance claim.

Incorporated, by leave

Clerk at the Table:

http://www.thechronicle.corn.au/news/nightmare-on-kite-st-left-high-and-d1y -by-buildi.. . 9/02/2016

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